Property Damage
Both during pupillage and in her own practice, Colleen has developed extensive experience of property damage claims. Acting on behalf of both claimants and defendants, Colleen has advised, drafted pleadings, and provided representation in court proceedings.
Colleen’s recent work in this area includes:
Court Work
- Securing judgement for the Claimant in a property damage claim against a removals company. The case turned on interpretation of contract terms between the parties and the Consumer Rights Act 2015.
- Uncovering a seemingly insignificant date of signature in a large volume of documents which she used to successfully argue for the dismissal of a property damage claim arising out of an RTA, despite liability having been admitted.
- Obtaining strike out in a property damage claim in which she represented a well-known energy company accused of negligent installation of a smart meter.
- Securing dismissal of a property damage claim arising out of an RTA. The Defendant alleged fraud on the part of the Claimant, asserting that no collision had occurred.
- Representing a highway authority in a claim alleging a failure to maintain a highway in accordance with the Highways Act 1980, leading to damage of a vehicle. Colleen raised a section 58 defence to argue that such care as in all the circumstances was reasonably required had been taken.
- Securing costs for a defendant insurer in a property damage case arising out of an RTA. The claimant insurer argued that the defendant had issued proceedings prematurely, without having provided quantum evidence in relation to repair costs which could have avoided litigation. Colleen secured costs on the basis that the Letter of Claim stated quantum evidence had been sent, and the other side’s failure to adequately respond or to dispute this made issuing proceedings reasonable.
Paperwork
- Advising on and subsequently settling the Particulars of Claim in a property damage case which involved evaluating technical evidence on pipework joint installations and establishing negligent workmanship.
- Settling the Defence on behalf of a heating company accused of property damage in the process of carrying out their services.
- Settling the Particulars of Claim in a High Court claim against a motor vehicle body repairing company whose breaches of the Health and Safety Executive publication on Safe Use and Handling of Flammable Liquids led to a serious fire which spread to and destroyed a neighbouring commercial premises (during pupillage).
- Settling the Particulars of Claim in a High Court case concerning the failure of a residential school to adequately supervise pupils so as to prevent them causing damage to a local grade II listed historic building (during pupillage).
- Settling the Defence in a case concerning the alleged negligence of a company engaged to erect perimeter protecting fencing which required ground excavation to construct fence posts. Underground electricity cables were allegedly damaged in the process of the excavations. Issues included the information provided to the company in advance by various parties and the appropriateness of the company’s system of work.
- Drafting a position statement for mediation on behalf of a party who installed a wood burning stove at a property which was subsequently subject to a serious fire (during pupillage).
Selected Cases
View full profile »Awards
- Dean’s Award for Best Academic Performance in MA Law (Conversion)
- Inner Temple Duke of Edinburgh Entrance Award
- Inner Temple Major Scholarship
- Inner Temple Exhibition Scholarship
- Winner of the Aqeel H. Noorali Moot Cup
- Winner of the Oxford Bar Society Non-Law Moot
- Winner of the 2 Hare Court Mock Trial
- Various Collections Prizes from Oriel College, University of Oxford
Events
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Qualifications
- BA French and German (First Class), University of Oxford
- MA Law (Conversion) (Distinction), University of Law
- LLM Master of Laws (Distinction), University of Law
Memberships
- Commercial Bar Association (COMBAR)
- Technology and Construction Bar Association (TECBAR)
- The Society of Construction Law (SCL)
- Professional Negligence Bar Association (PNBA)
- London Common Law & Commercial Bar Association (LCLCBA)
- Young International Arbitration Group (YIAG)
- Personal Injury Bar Association (PIBA)
